PHOENIX (AP) - Ballots from overseas military voters for the Feb. 27 special primary election to replace former U.S. Rep. Trent Franks will be counted if received up to 10 days late.

The move is required under a lawsuit settlement between the state and the U.S. Department of Justice filed in federal court in Phoenix Thursday.

The dispute stems from the unusual compressed time frame required under state law for the special election to replace Franks. Federal law requires military ballots to be mailed 45 days before Election Day. That came just two days after a state candidate signature filing deadline but 8 days before a candidate challenge deadline.

Democratic ballots ended up changing after one of three candidates was removed in a challenge.

Franks resigned Dec. 8 amid sexual harassment allegations.

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